The Coleman Law Group

Visa Bulletin 2026: Priority Dates, Filing Charts, and What to Do Next

“The U.S. Department of State released the June 2026 Visa Bulletin. It sets the cutoff dates for those who can file for adjustment of status or proceed with consular processing this month. If you have a pending family-based green card, spousal visa, or employment-based petition, this bulletin directly affects when you can move forward.”

What Exactly Is the Visa Bulletin and Why Does It Control My Green Card Timeline?

Individuals who have been filing for a green card through a family member or an employer have heard the term “priority date.” Many have been told by authorities to wait until it becomes current. Do you know what the “current” status of a priority date means, how long it stands good, and how it works in your green card timeline scenario? Here, we will clear up that confusion, because misreading the bulletin has real consequences for your case.

Here is the core problem the bulletin exists to solve. Congress caps the number of green cards USCIS can issue each year in most family and employment categories. Those caps are set in the Immigration and Nationality Act. The numbers are not large relative to the volume of people applying. When more petitions are pending in a category than there are visas available for the year, people wait. The visa bulletin is the government’s way of managing that wait; it tells you, month by month, how far the line has moved.

Your position in that line is set by your priority date. For a family-based petition, that date is recorded when USCIS accepts your Form I-130. For employment-based cases, it is either the I-140 receipt date or the date your employer’s PERM labor certification was filed with the Department of Labor, depending on which applies to your case. That date does not change. What changes each month is the cutoff date published in the bulletin for your visa category and your country of birth. When the bulletin’s cutoff date moves past your priority date, your number is up; you can proceed with Form I-485 to adjust status here in the U.S. On the other hand, you can move forward with a consular immigrant visa interview at a U.S. embassy or consulate abroad.

The numbers behind the wait INA 202: For FY 2026, Congress authorized 226,000 family-sponsored preference visas and a minimum of 140,000 employment-based preference visas worldwide. No single country can use more than 7% of the combined total in a given year, which is roughly 25,620 visas. That ceiling applies regardless of how many applicants are waiting from that country. It is why an applicant born in India or Mexico in the same visa category as someone born in, say, Poland or Brazil can be waiting 10 to 20 years longer. Same category, same rules, very different wait. 

Why Are There Two Different Charts for Final Action Dates vs. Dates for Filing?

The Visa Bulletin publishes two separate charts for both family preference and employment-based categories. Confusing them is a common and costly mistake. Filing under the wrong chart or missing an authorized filing window can set a case back by months.

The first is the Final Action Date (FAD) chart. This is the one that governs when a visa number can be issued or when USCIS will approve an adjustment of status application. Your priority date must fall before the FAD cutoff for your category and country before anything can be finalized. USCIS treats this as the default chart for I-485 filings. If you are not sure which chart applies this month, check uscis.gov. This page is updated at the start of each month and is the authoritative source.

The second is the Dates for Filing (DFF) chart. USCIS does not always authorize its use; sometimes it does and sometimes it does not. When they do, applicants whose priority dates fall before the DFF cutoff can start the filing process even though their date has not yet cleared the FAD chart. Why does that matter? Because filing under the DFF chart, when USCIS permits it, lets you submit Form I-485 concurrently with Form I-765 for employment authorization and Form I-131 for advance parole. Those two benefits, the right to work and the right to travel, can be in hand months before your priority date fully clears.

Procedure for Determining Dates in June 2026:

  • Consular officers at U.S. embassies and consulates are required to report documentarily qualified applicants for numerically limited visas to the Department of State. On the domestic side, USCIS separately reports all applicants who have filed for adjustment of status within the United States.
  • The visa number allocations shown in the Visa Bulletin charts are made, to the extent possible, in chronological order based on reported priority dates. The demand figures used to prepare those allocations reflect applications received through May 4th, 2026.
  • When the volume of demand for a specific visa category or for applicants from a particular foreign country surpasses what the numerical limit can accommodate, that category or country is formally designated as oversubscribed.
  • For any oversubscribed category, the Final Action Date that gets published corresponds to the priority date of the first applicant whose case could not be reached within the available numerical limit. Everyone behind that date must wait.
  • If a Final Action Date is retrogressed at any point during the current monthly allocation process, supplemental requests for visa numbers will only be accepted if the applicant’s priority date falls on or before the newly announced Final Action Date published in June bulletin. Earlier requests tied to the prior date will not be honored.
  • Should an annual numerical limit be reached at any point, the affected preference category must be immediately designated as unavailable. From that point forward, no further requests for numbers under that category will be considered.

 

What are the June 2026 Final Action Dates for Family-Sponsored Categories?

The family preference system covers four categories: F1, F2, F3, and F4, each tied to a specific family relationship with a U.S. citizen or lawful permanent resident.
The table below reflects the official Final Action Dates (FAD) for June 2026 as published by the U.S. Department of State:

CATEGORY PREFERENCE TYPE ALL AREAS CHINA (MAINLAND) INDIA MEXICO PHILIPPINES
F1 Unmarried Sons & Daughters of U.S. Citizens 01 SEP
2017
01 SEP 2017 01 SEP
2017
08 NOV
2007
01 MAY 2013
F2A Spouses & Children of LPRs 01 JAN
2025
01 JAN 2025 01 JAN
2025
01 JAN
2024
01 JAN 2025
F2B Unmarried Sons & Daughters (21+) of LPRs 22 SEP
2017
22 SEP 2017 22 SEP
2017
15 FEB
2009
08 APR 2013
F3 Married Sons & Daughters of U.S. Citizens 15 FEB
2012
15 FEB 2012 15 FEB
2012
01 MAY
2001
22 NOV 2005
F4 Brothers & Sisters of Adult U.S. Citizens 15 NOV
2008
15 NOV 2008 01 NOV
2006
08 APR
2001
15 JUL 2007

Source: U.S. Department of State, Visa Bulletin for June, 2026.

F2A Visa Issuance Authorization for June 2026

Category Country Chargeability Priority Date Requirement
Exempt from Per-Country Limit All Countries (including Mexico) Earlier than January 1, 2024
Subject to Per-Country Limit All Countries EXCEPT Mexico January 1, 2024 up to (but not including) January 1, 2025
Mexico Special Provision Mexico Exempt (refer to “Exempt” date limits)

Note: All F2A numbers provided for Mexico are exempt from the per-country limit.

Key Notes

  • Mexico: Applicants from Mexico fall entirely under the “Exempt” status, regardless of the specific date ranges listed for other countries.
  • Priority Dates: Eligibility is strictly based on whether the applicant’s priority date falls earlier than the specified cut-off date.

DATES for Filing Family-Sponsored Visa Applications in June 2026:

Family-Sponsored PREFERENCE TYPE ALL AREAS CHINA (MAINLAND) INDIA MEXICO PHILIPPINES
F1 Unmarried Sons & Daughters of U.S. Citizens 01 Oct 2018 01 OCT 2018 01 OCT 2018 08 OCT 2008 22 APR 2015
F2A Spouses & Children of LPRs Current Current Current Current Current
F2B Unmarried Sons & Daughters (21+) of LPRs 22 MAR 2018 22 MAR 2018 22 MAR 2018 15 MAY 2010 01 OCT 2013
F3 Married Sons & Daughters of U.S. Citizens 08 DEC 2012 08 DEC 2012 08 DEC 2012 15 JUL 2001 08 AUG 2006
F4 Brothers & Sisters of Adult U.S. Citizens 22 DEC 2009 22 DEC 2009 15 DEC 2006 30 APR 2001 22 MAR 2008

Family Category Wait Gap: Years Behind "Current" (Approximate, June 2026)

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What Do the June 2026 Employment-Based Priority Dates Mean for My Case?

Employment-based categories have separate numerical allocations and priority date queues. For most countries, the June 2026 bulletin shows favorable dates with EB-1 and EB-2 listed as “Current” for all chargeability areas except China and India. The table below covers the Final Action Dates for employment-based preference categories this month (June):

Employment Based DESCRIPTION ALL AREAS CHINA INDIA MEXICO PHILIPPINES
EB-1 Priority Workers Current 01 APR 2023 15 DEC 2022 Current Current
EB-2 Advanced Degree / Exceptional Ability Current 01 SEP 2021 01 SEP 2013 Current Current
EB-3 Skilled Workers & Professionals 01 JUN 2024 01 AUG 2021 15 DEC 2013 01 JUN 2024 01 AUG 2023
EB-3 Other Other Workers 01 FEB 2022 01 APR 2019 15 DEC 2013 01 FEB 2022 01 NOV 2021
EB-4 Special Immigrants 15 JUL 2022 15 JUL 2022 15 JUL 2022 15 JUL 2022 15 JUL 2022
EB-4 Other Certain Religious Workers 15 JUL 2022 15 JUL 2022 15 JUL 2022 15 JUL 2022 15 JUL 2022
EB-5 (Unreserved) Employment Creation — Unreserved including C5, T5, I5, R5, NU, RU Current 22 SEP 2016 01 MAY 2022 Current Current
EB-5 Rural Set-Aside: Rural (20%) including NR, RR) Current Current Current Current Current
EB-5 Set Aside High Unemployment (10% including NH, RH) Current Current Current Current Current
EB-5 Set Aside Infastructure (2% including RI) Current Current Current Current Current

Source: U.S. Department of State, Visa Bulletin for June 2026 — Employment-Based Final Action Dates 

EB CATEGORYDESCRIPTIONALL AREASCHINAINDIAMEXICOPHILIPPINES
EB-1Priority WorkersCurrent01 DEC 202301 DEC 2023CurrentCurrent
EB-2Advanced Degree / Exceptional AbilityCurrent01 JAN 202215 JAN 2015CurrentCurrent
EB-3Skilled Workers & ProfessionalsCurrent01 JAN 202215 JAN 2015Current01 JAN 2024
EB-3 OtherOther Workers01 AUG 202201 OCT 201915 JAN 201501 AUG 202201 AUG 2022
EB-4Special Immigrants01 JAN 202301 JAN 202301 JAN 202301 JAN 202301 JAN 2023
EB-4 OtherCertain Religious Workers01 JAN 202301 JAN 202301 JAN 202301 JAN 202301 JAN 2023
EB-5 (Unreserved)Unreserved including C5, T5, I5, R5, NU, RUCurrent01 MAR 201701 MAY 2024CurrentCurrent
EB-5 RuralSet-Aside: Rural (20%) including NR, RR)CurrentCurrentCurrentCurrentCurrent
EB-5 Set AsideHigh Unemployment (10% including NH, RH)CurrentCurrentCurrentCurrentCurrent
EB-5 Set AsideInfastructure (2% including RI)CurrentCurrentCurrentCurrentCurrent

Source: U.S. Department of State, Visa Bulletin for June 2026 — Dates for Filing of Employment-Based Visa Applications 

Diversity Immigrant (DV) Category for the month of JUNE, 2026:

For June, DV-2026 immigrant visa numbers are available by region and where a cut-off number applies. Only applicants with lottery rank numbers below that cut-off are eligible for issuance.

RegionAll DV Chargeability Areas Except Those Listed SeparatelyCountry-Specific Cut-Off Numbers
AFRICA55,000Except: Algeria    37,000
Egypt       30,000
ASIA35,000Except: Nepal    11,000
EUROPE20,000 
NORTH AMERICA (BAHAMAS)50 
OCEANIA1,500 
SOUTH AMERICA and the CARIBBEAN3,000 

NOTE – DV visas may not be issued to DV 2026 applicants after September 30, 2026 (program’s end date). Numbers could be exhausted prior to September 30.

Diversity Immigrant (DV) Category for the month of JULY, 2026 (Next Month):

RegionAll DV Chargeability Areas Except Those Listed SeparatelyCountry-Specific Cut-Off Numbers
AFRICA55,000Except: Algeria    40,000
Egypt       31,000
ASIA35,000Except: Nepal    13,000
EUROPE23,000 
NORTH AMERICA (BAHAMAS)50 
OCEANIA1,700 
SOUTH AMERICA and the CARIBBEAN3,300 

I'm From India, China, Mexico, or the Philippines — What's Different for Me?

Our immigration lawyers get this question often, and it usually comes from someone who has just compared their timeline with a colleague and cannot understand why their numbers look so different. Under INA 202, no country gets more than 7% of the total annual family and employment-based visa allocation: roughly 25,620 visas for FY 2026. That cap applies the same way regardless of how many people from that country are waiting. India sends far more EB-2 and EB-3 petitions through USCIS each year than countries a fraction of its size. The per-country limit does not flex to reflect that. So, the cap fills up fast, the backlog grows, and it compounds year over year. There is no penalty built into this.

The EB-2 category makes this concrete. EB-2 covers professionals with advanced degrees. Right now, in June 2026, an EB-2 applicant born in Germany, Brazil, or Nigeria can file. The category is current for them. An EB-2 applicant born in India with the same credentials, the same employer, and an approved I-140 sitting in the same USCIS system is looking at a final action date of July 15, 2014. USCIS is processing cases from over a decade ago for that group. We have sat with clients who have been in this country on H-1B extensions for eight, ten, or twelve years, waiting for that date to move.

Congress has been aware of this imbalance for years. Various legislative proposals have attempted to address it — none have passed. Until those changes are made, applicants from these countries need to work with an attorney who understands the options available under current law. That includes reviewing whether EB category portability under INA § 204(j) applies to your case, whether concurrent filings can be used to get employment authorization and advance parole in hand sooner, and — for green card holders in this situation — whether the timing of a naturalization filing could convert a family member’s pending preference petition into an immediate relative petition, bypassing the cap entirely. These are not workarounds. They are legitimate planning strategies built into the statute. But they require knowing your specific dates, your case history, and what the current bulletin actually makes possible this month.

Family-Sponsored ALL AREAS CHINA* INDIA MEXICO PHILIPPINES
F1 01 OCT
2018
01 OCT
2018
01 OCT
2018
01 OCT
2008
22 APR
2015
F2A Current Current Current Current Current
F2B 22 MAR
2018
22 MAR
2018
22 MAR
2018
15 MAY
2010
01 OCT
2013
F3 08 DEC
2012
08 DEC
2012
08 DEC
2012
15 JUL
2001
08 AUG
2006
F4 22 DEC
2009
22 DEC
2009
15 DEC
2006
30 APR
2001
22 MAR
2008
Dates for Filing for Family-Sponsored AOS Applications (June 2026)  * CHINA – mainland Born  

Final Action Dates for Employment-Based Adjustment of Status Applications:

Employment-Based ALL AREAS CHINA* INDIA MEXICO PHILIPPINES
1st Current 01 APR 2023 15 DEC 2022 Current Current
2nd Current 01 SEP 2021 01 SEP 2013 Current Current
3rd 01 JUN 2024 01 AUG 2021 15 DEC 2013 01 JUN 2024 01 AUG 2023
Other Workers 01 FEB 2022 01 APR 2019 15 DEC 2013 01 FEB 2022 01 NOV 2021
4th 15 JUL 2022 15 JUL 2022 15 JUL 2022 15 JUL 2022 15 JUL 2022
Certain Religious Workers 15 JUL 2022 15 JUL 2022 15 JUL 2022 15 JUL 2022 15 JUL 2022
5th Unreserved Current 22 SEP 2016 01 MAY 2022 Current Current
5th Set Aside: Rural Current Current CurrentCurrent Current
5th Set Aside: High Unemployment Current Current CurrentCurrent Current
5th Set Aside: Infrastructure Current Current CurrentCurrent Current

What Should I Be Doing Right Now Based on This June 2026 Bulletin?

The State Department published a retrogression warning inside the June 2026 bulletin itself. Kindly note that these dates will not remain throughout 2026. If your priority date is current or sitting within the dates for the filing window, the time to act is now, not after you see what next month’s bulletin says. Here is how to read your situation:

June 2026 Visa Bulletin — Action Guide | The Coleman Law Group
Consideration Priority date current under FAD Final Action Dates — visa number available now Priority date within DFF Dates for Filing — ahead of FAD; can file docs Sponsoring child or spouse — DFF Petitioner filing to bring family member Approaching naturalization eligibility — planning stage LPR nearing N-400 eligibility window
Who applies to Immigrant visa applicants (family or employment preference) whose priority date is earlier than the FAD listed for their category. They are authorized to receive their immigrant visa or file Form I-485 for adjustment of status immediately during June 2026. Applicants whose priority date falls before the DFF chart date but has not yet reached the FAD — they may assemble and submit documentation to the National Visa Center (NVC), or file I-485 if USCIS authorizes use of the DFF chart at uscis.gov/visabulletininfo for this month. U.S. citizens and Lawful Permanent Residents (LPRs) who wish to petition for a spouse, child, or stepchild. Particularly relevant for F2A beneficiaries — spouses and children of LPRs — where the June 2026 DFF is listed as "Current" (C) for all chargeability areas. LPRs who have held lawful permanent resident status for 4+ years (on the 5-year track) or 2+ years (on the 3-year track as spouse of a U.S. citizen) and are beginning to plan and prepare their naturalization application.
June 2026 reference dates Family-sponsored FAD:
F1: 01 SEP 2017
F2A: 01 JAN 2025
F2B: 22 SEP 2017
F3: 15 FEB 2012
F4: 08 NOV 2008

Employment-based FAD (all countries exc. listed):
EB-1: Current EB-2: Current EB-3: 01 JUN 2024
Family-sponsored DFF:
F1: 01 OCT 2018
F2A: Current (C)
F2B: 22 MAR 2018
F3: 08 DEC 2012
F4: 22 DEC 2009

Employment-based DFF (all countries exc. listed):
EB-1: Current EB-2: Current EB-3: Current
F2A DFF = Current (C) for all chargeability areas — no priority date restriction for filing in June 2026.

Immediate Relative (IR) categories (spouse, unmarried child under 21, and parent of a U.S. citizen) are always current and not subject to the annual numerical limits set forth under INA § 201(b).
Naturalization is not subject to visa bulletin priority dates. Eligibility is determined by continuous residence and physical presence calculated from the date of lawful admission for permanent residence.

General rule: 5 continuous years as LPR + 30 months physical presence within that period.

Spousal rule: 3 years if continuously married to and living with a U.S. citizen.
Immediate action required
  • If inside the U.S.: file Form I-485 (AOS) concurrently with I-765 and I-131
  • If abroad: complete DS-260 and schedule consular interview via NVC / U.S. Embassy
  • Respond promptly to any NVC fee bills and document requests to avoid delays
  • Schedule Form I-693 (Medical Examination) with a USCIS-designated civil surgeon immediately — appointments fill quickly
  • Verify at uscis.gov/visabulletininfo whether USCIS has authorized the DFF chart for I-485 filings this month
  • Assemble all NVC-required civil documents: passports, birth certificates, police clearances, marriage certificates
  • Submit Affidavit of Support (I-864) with current financial evidence
  • Monitor the bulletin monthly — dates can retrogress and close the filing window without warning
  • If no I-130 has been filed yet: file immediately to secure the earliest possible priority date
  • F2A DFF is "Current" — begin compiling adjustment of status or consular processing documents now
  • For stepchild petitions: confirm the marriage creating the stepparent relationship occurred before the child turned 18 (INA § 101(b)(1)(B))
  • For child petitions: calculate child's age under the Child Status Protection Act (CSPA) if they are near age 21
  • Pull green card and I-94 records to calculate your exact continuous residence start date
  • Compile a complete international travel history for the past 5 years (or 3 years for spousal track)
  • Verify federal and state tax compliance — unpaid taxes can result in a finding of lack of good moral character
  • If holding a conditional green card (CR-1), confirm Form I-751 has been timely filed before planning the N-400
Key forms involved I-485 Adjustment of Status
DS-260 Immigrant Visa App. (abroad)
I-864 Affidavit of Support
I-765 Employment Authorization
I-131 Travel Document
I-693 Medical Examination
I-130A Supplemental Info (spouse)
I-485 (if USCIS authorizes DFF use)
DS-260 (consular processing track)
I-864 Affidavit of Support
I-130 (if petition not yet filed)
I-765 Employment Authorization
I-131 Advance Parole
I-130 Petition for Alien Relative
I-130A Supplemental (spousal)
I-864 Affidavit of Support
I-485 or DS-260 (beneficiary)
I-693 Medical Examination
I-765 + I-131 (concurrent filing)
N-400 Application for Naturalization
I-751 Remove Conditions on Residence
N-600 Certificate of Citizenship (if applicable)
G-1450 Credit Card Authorization (USCIS fee)
I-94 Travel history verification
Supporting documents needed
  • Valid passport — all pages
  • Birth certificate with certified English translation
  • Marriage certificate / divorce decrees (if applicable)
  • Police clearance certificates from every country of residence (1+ year, after age 16)
  • Sponsor's most recent 3 years federal tax returns + W-2s
  • I-94 arrival/departure record printout
  • Sealed medical exam results (Form I-693, civil surgeon)
  • Prior USCIS approval notices (I-797)
  • All civil documents per NVC checklist (per DS-261 choice of agent)
  • Passport valid for at least 6 months beyond intended period of stay
  • I-864 with most recent year's IRS tax transcript + bank statements
  • Proof of petitioner's U.S. citizenship or LPR status
  • Two USCIS/DOS-compliant passport-size photographs
  • Any prior USCIS approval notices (I-797)
  • Proof of petitioner's citizenship (U.S. passport, naturalization certificate, or birth certificate) or LPR status (green card)
  • Proof of relationship: marriage certificate (spousal) or birth certificate (child)
  • For stepchild: marriage certificate of petitioner to child's biological parent
  • Legal termination of any prior marriages (divorce decrees, death certificates)
  • I-864 financial sponsorship evidence
  • Evidence of joint domicile (if applicable)
  • Permanent Resident Card (green card — front and back)
  • All U.S. and foreign passports used since LPR grant date
  • Complete international travel log (dates, destinations, purposes)
  • Federal tax transcripts for preceding 5 years (or 3 years — spousal track)
  • Proof of marital status (marriage certificate, divorce decree, death certificate)
  • All arrest records, court dispositions, or criminal history documents (disclose all)
  • Selective Service registration confirmation (males who registered between 18–26)
Benefit of acting now Immediate visa eligibility
Applicant is legally authorized to receive an immigrant visa number or adjust status right now. Acting promptly locks in the allocated visa number before it is returned to the general pool or the date retrogresses in a future bulletin. Concurrent I-765/I-131 filing provides interim work authorization and travel permission while the I-485 is pending adjudication.
Secure your place in the queue
Filing during the DFF window establishes a receipt date at USCIS, which is critical if the final action date advances quickly. It prevents administrative delays from document assembly. Cases that are document-ready consistently move faster through adjudication. If dates retrogress, an already-filed application is generally protected under its received date.
Earliest priority date locked
The priority date is established upon USCIS acceptance of the I-130 petition. Filing now — while F2A DFF is "Current" — means the beneficiary can potentially begin the adjustment or consular process without waiting in the family preference backlog. Minimizing the period of family separation is both a legal and humanitarian imperative that early filing directly addresses.
Full citizenship rights secured
U.S. naturalization confers the right to vote, hold a U.S. passport, petition for a broader class of relatives as immediate relatives (removing them from numerically limited preference categories), and provides protection from adverse immigration consequences. It also eliminates continuous residence obligations that put long-term travelers at risk of inadvertent LPR abandonment.
Risk of inaction Retrogression risk — window may close
Visa bulletin dates are not guaranteed to remain current. The June 2026 bulletin explicitly notes that retrogression may be necessary in coming months as demand materializes or administration actions are amended (Section D). Failing to file when a number is available means waiting potentially years if the date retrogresses. Children approaching age 21 risk aging out as derivative beneficiaries — even CSPA protection requires prompt filing as a predicate condition.
Filing window may close without notice
DFF dates are more volatile than FAD dates. A retrogression eliminates the DFF filing window entirely and forces applicants back to waiting for the FAD. Without a filed I-485, there is no receipt date protecting the applicant's position. NVC document assembly takes several weeks; delay now means being unready when the opportunity next arises.
Priority date delay equals years of separation
Each month of delay in filing the I-130 petition pushes the priority date forward, potentially adding years to the process in backlogged preference categories such as F2B, F3, and F4. Children approaching age 21 may lose preferred category eligibility entirely if the petition is not filed promptly. The CSPA provides partial protection but requires a timely-filed petition as a precondition.
LPR status vulnerabilities persist
LPRs who delay naturalization remain subject to continuous residence requirements and risk inadvertent abandonment following extended international travel. They cannot petition for parents, siblings, or adult children as immediate relatives. In a rapidly evolving immigration enforcement environment, maintaining LPR-only status without citizenship carries heightened collateral risk from any future adverse legal matter.
Applicable INA provision INA § 245 — Adjustment of Status INA § 203(a) — Family preference visa allotments INA § 203(b) — Employment-based preference allotments INA § 202 — Per-country numerical limits INA § 212(a)(4) — Public charge (I-864 basis) INA § 203(e) — Priority date order of issuance INA § 203(g) — Conditional visa availability INA § 221(g) — Visa refusal / administrative processing INA § 245(a) — I-485 eligibility prerequisites 8 CFR § 245.2 — AOS filing procedures INA § 201(b) — Immediate relative classification (not subject to annual limits) INA § 203(a)(2)(A) — F2A: spouses and children of LPRs INA § 204(a)(1) — I-130 petition filing authority INA § 101(b)(1)(B) — Stepchild definition (marriage before age 18) INA § 203(h) — Child Status Protection Act (CSPA) INA § 316(a) — 5-year continuous residence requirement INA § 319(a) — 3-year track: spouse of U.S. citizen INA § 334 — N-400 application for naturalization INA § 316(b) — Physical presence (30 of 60 months) INA § 101(f) — Good moral character standard

NOTE – This comparison is for informational purposes only and does not constitute legal advice.

For DACA Recipients and Humanitarian Cases

DACA, VAWA, U visas, T visas — these do not follow the same track as a standard family-based or employment-based green card case. Some humanitarian categories have separate numerical allocations and backlogs. Others sit entirely outside the preference system. The visa bulletin is still relevant in some of these situations, just not in the same way.

DACA recipients are a common example of where this gets complicated. A DACA recipient with a U.S. citizen spouse or parent may have a path to adjustment of status, depending on how they entered the country (legally). The same is true for VAWA self-petitioners; their eligibility, timing, and interactions with any pending or prior proceedings must be reviewed individually by the authorities.

We raise this not to discourage anyone in these situations from pursuing a path forward, but because we have seen real harm come from people treating their case like a standard green card filing when it is not. If you or someone you know falls into any of these categories, the starting point is a consultation where your specific facts are on the table, not a general answer based on how the process works for someone else.

Has Your Priority Date Become Current?

The Coleman Law Group represents individuals and families at every stage of the green card and citizenship process — from the initial I-130 or I-140 petition through adjustment of status, consular processing, and naturalization. We practice immigration law in Florida, Texas, New York, New Jersey, and California. Call us to discuss your case, or schedule a consultation online.